Articles & Advisories

Courts Tackle Issues Around the State

Recently, Surrogate and Appellate Courts throughout the state have been witness to an assortment of issues affecting trusts and estates. Indeed, opinions in the Third and Fourth Departments have respectively addressed testamentary capacity and the validity of a release, while surrogate’s in the metropolitan area have confronted discovery requests, and...

Recent Developments in Property Insurance Coverage Litigation

Viktoriya Kruglyak, associate at Farrell Fritz, is one of the contributors to this article. Introduction During this past year, the pace of cases involving large-scale disasters ground almost to a halt. However, in light of this year’s major hurricanes, there will undoubtedly be a significant uptick this coming year and thereafter. The...

N.Y. Village Discriminated Against Proposed Rabbinical College, Court Rules

The U.S. District Court for the Southern District of New York has decided that several laws passed by the upstate village of Pomona could not be used to block development of a religious school and associated dormitory housing on village property. Local governments in New York may regulate land use...

Cuomo Budget Proposal Threatens Brownfield Cleanup Program

Tucked into the fiscal year 2019 budget released on January 16 by Governor Andrew M. Cuomo is a proposal that, if adopted by the legislature, could have a devastating effect on the state’s brownfield cleanup program (BCP). The governor is proposing to defer brownfield tax credits (as well as a variety...

Nassau County Commercial Real Property Tax Alert

Annual Survey of Income and Expenses - ASIE-2017 Pursuant to the Nassau County Administrative Code, Section 6-30, the Nassau County Department of Assessment ("the Assessor") is requiring the submission of 2017 financial data on a form known as "ASIE-2017". Below, we have highlighted key issues and have attempted to anticipate common...

Business Divorce Cases of 2017 Focus On Oppression, Valuation and LLC Issues

New York courts last year decided an impressive array of business divorce cases involving closely held corporations, partnerships, and limited liability companies. Among the cases featured in this annual review are important rulings by the First, Second, and Third Departments of the Appellate Division addressing shareholder oppression, marketability discounts in...

Closing Bell: Three Year-End Decisions From the Surrogate’s Court

As the year 2017 came to a close, Surrogate’s Courts throughout the state continued to address a multitude of issues affecting trusts and estates. The past year was, indeed, prolific, as evidenced by opinions related to discovery proceedings, receipts and releases, and the construction of wills. The year’s end was no...

NYS Environmental Law: Working Through New York City’s E-Designation Program

On occasion, this column focuses on an environmental program or issue that impacts particular regions or municipalities, rather than on statewide issues. This month’s column focuses on the City of New York’s “e-designation” program, which many environmental practitioners deal with at one time or another. The city’s e-designation program involves designations...

Landmarks Preservation Law Given Broad Reading by Divided First Department

The Appellate Division, First Department, has issued a significant decision in a case involving the proposed conversion of an interior landmark into a private residence. The Appellate Division, First Department, has ruled that New York City’s Landmarks Preservation and Historic Districts Law (Administrative Code of City of N.Y. § 25-301 et...

Do Bulk Sales Laws Still Exist in New York?

By Lyle C. Mahler I recently came across a discussion among members of the Business Law Section of the NYS Bar Association where a question was posed concerning the possible purchase by the client of the posting attorney of all or “substantially all” of the assets of a business.  In reading the...

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